Dilip Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37435 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -COMPLAINT CASE District- SHEOHAR ====================================================== Dilip Kumar, S/o Shankar Prasad Chaudhary, Village- Athkoni, P.S.- Tariani, Dist- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bigan Sah, S/o Late Mater Sah, R/o Village- Sheohar, Ward No.9, P.S.- Sheohar, Dist- Sheohar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Lalal Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Section 420 of the Indian Penal Code and Section 138 of Negotiable Instrument Act.

Learned counsel for the petitioner submits that petitioner is ready to return the amount of Rs. 1,18,000/- within three months which he has been taken by cheque.

Petitioner should return the said amount in three equal installments, first installment will be paid on the date of appearance before the court below at the time of furnishing of bail bond, second installment will be paid after 30 days and in

Patna High Court Cr.Misc. No.37435 of 2018 (3) dt.09-07-2018 2 /2 the same manner third and last installments will be paid at the end of third month.

Looking to the facts and circumstances of the case and undertaking given by the petitioner, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Dilip Kumar, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar in connection with Complaint Case No. C16 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that in failure to pay the said amount, the privilege of bail granted to the petitioner will be treated to have been cancelled. It is expected from the opposite party that after payment of the said amount he will take steps for resolution of the case before the court below.

(Shivaji Pandey, J) Vinay/- U T